Senate Bill S1518

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1518

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law, in relation to requiring filing
  with the office of children and  family  services  by  nursery  school
  operators  and  authorizing  certain nursery schools to submit finger-
  prints of applicants for the purpose of a search of  criminal  history
  records of the division of criminal justice services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 390 of the social services law, as added by chapter
750 of the laws of 1990, paragraphs (d) and (e) of subdivision 1,  para-
graph (a) and clause (A) of subparagraph (ii) of paragraph (d) of subdi-
vision  2,  paragraph (b) of subdivision 3, paragraph (c) of subdivision
11 and paragraph (a) of subdivision 12  as  amended,  paragraph  (e)  of
subdivision  11  as  added and paragraph (b) of subdivision 12 as relet-
tered by chapter 117 of the laws of 2010, subparagraphs (i) and (ii)  of
paragraph  (d) of subdivision 2, paragraphs (a), (c) and (d) of subdivi-
sion 3, paragraph (a) of subdivision 4, subdivision 10,  paragraphs  (a)
and  (b) of subdivision 11 as amended, subdivision 2-a and paragraph (d)
of subdivision 11 as added and paragraphs (e) and (f) of  subdivision  3
as  relettered  by  chapter  416  of  the laws of 2000, paragraph (a) of
subdivision 7 and subdivision 13 as amended by chapter 160 of  the  laws
of  2003, paragraph (b) of subdivision 12 as added by chapter 319 of the
laws of 2006 and subdivision 8-a, as added by chapter 354 of the laws of
2009, is amended to read as follows:
  S 390. Child day care AND NURSERY SCHOOLS; license [or],  registration
OR FILING required. 1. Definitions.  (a) (i) "Child day care" shall mean
care for a child on a regular basis provided away from the child's resi-
dence  for less than twenty-four hours per day by someone other than the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02453-01-3
              

S. 1518                             2

parent, step-parent, guardian, or relative within the  third  degree  of
consanguinity of the parents or step-parents of such child.
  (ii) Child day care shall not refer to care provided in:
  (A) a day camp, as defined in the state sanitary code;
  (B)  an  after-school  program  operated  for the purpose of religious
education, sports, or recreation;
  (C) a facility:
  (1) providing day services under an operating  certificate  issued  by
the [department] OFFICE;
  (2)  providing  day treatment under an operating certificate issued by
the office of mental health or office [of mental  retardation  and]  FOR
PEOPLE WITH developmental disabilities; or
  (D)  a kindergarten, pre-kindergarten, [or nursery school for children
three years of age or older,] or after-school program for children oper-
ated by a public school district or by a private school or academy which
is providing elementary or secondary education or  both,  in  accordance
with  the  compulsory  education  requirements  of  the  education  law,
provided that the kindergarten,  pre-kindergarten,  nursery  school,  or
after  school  program  is  located  on the premises or campus where the
elementary or secondary education is provided.
  (b) "Child day care provider" shall mean any individual,  association,
corporation, partnership, institution or agency whose activities include
providing child day care or operating a home or facility where child day
care is provided.
  (c)  "Child day care center" shall mean any program or facility caring
for children for more than three hours per day per child in which  child
day  care is provided by a child day care provider except those programs
operating as a group family day care home as such  term  is  defined  in
paragraph  (d) of this subdivision, a family day care home, as such term
is defined in paragraph (e) of this subdivision, and a school-age  child
care  program, as such term is defined in paragraph (f) of this subdivi-
sion.
  (d) "Group family day care home" shall mean a program caring for chil-
dren for more than three hours per day per child in which child day care
is provided in a family home for seven to twelve children of  all  ages,
except  for  those programs operating as a family day care home, as such
term is defined in paragraph (e) of this  subdivision,  which  care  for
seven  or  eight  children. A group family day care provider may provide
child day care services to four additional children if  such  additional
children  are  of  school  age  and  such children receive services only
before or after the period such children are  ordinarily  in  school  or
during school lunch periods, or school holidays, or during those periods
of  the year in which school is not in session. There shall be one care-
giver for every two children under two years of age in the group  family
home.  A  group family day care home must have at least one assistant to
the operator present when child day care is being provided to  seven  or
more  children when none of the children are school age, or nine or more
children when at least two of the children are school age and such chil-
dren receive services only before or after the period such children  are
ordinarily in school or during school lunch periods, or school holidays,
or  during  those periods of the year in which school is not in session.
This assistant shall be selected by the group family day  care  operator
and  shall  meet the qualifications established for such position by the
regulations of the office of children and family services.
  (e) "Family day care home" shall mean a program  caring  for  children
for  more  than three hours per day per child in which child day care is

S. 1518                             3

provided in a family home for three to six children. There shall be  one
caregiver  for  every  two children under two years of age in the family
day care home. A family day care provider may, however, care  for  seven
or  eight  children  at any one time if no more than six of the children
are less than school age  and  the  school-aged  children  receive  care
primarily  before  or  after  the period such children are ordinarily in
school, during school lunch periods, on school holidays, or during those
periods of the year in which school is not in session in accordance with
the regulations of the office of children and family  services  and  the
office  inspects  such  home  to determine whether the provider can care
adequately for seven or eight children.
  (f) "School age child care" shall mean a program caring for more  than
six  school-aged children who are under thirteen years of age or who are
incapable of caring for themselves. Such programs shall be in  operation
consistent  with  the  local  school  calendar.  School  age  child care
programs shall offer care during the school year to an enrolled group of
children at a  permanent  site  before  or  after  the  period  children
enrolled in such program are ordinarily in school or during school lunch
periods  and  may  also  provide  such care on school holidays and those
periods of the year in which school is not in session.
  (G) "NURSERY SCHOOL" SHALL MEAN ANY PROGRAM OR FACILITY OPERATED BY AN
INDIVIDUAL, ASSOCIATION, CORPORATION, PARTNERSHIP, INSTITUTION, OR AGEN-
CY, NOT INCLUDING THE PARENT, STEPPARENT, GUARDIAN, OR  RELATIVE  WITHIN
THE  THIRD  DEGREE  OF  CONSANGUINITY,  WHICH PROVIDES EARLY CARE AND/OR
EDUCATION TO THREE OR MORE PRESCHOOL CHILDREN FOR THREE  OR  LESS  HOURS
PER  DAY  PER CHILD. MORE THAN ONE ADULT SHALL BE AVAILABLE AT ALL TIMES
WHEN CHILDREN ARE PRESENT AT A NURSERY SCHOOL PROGRAM.
  (H) "PRESCHOOL CHILD" SHALL MEAN A CHILD OF FIVE YEARS OF AGE OR LESS.
  (I) "OFFICE" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  2.  (a) Child day care centers caring for seven or more  children  and
group  family  day  care programs, as defined in subdivision one of this
section, shall obtain a license from the office of children  and  family
services  and shall operate in accordance with the terms of such license
and the regulations of such office. Initial licenses shall be valid  for
a  period  of  up to two years; subsequent licenses shall be valid for a
period of up to four years so long as the provider remains substantially
in compliance with applicable law and regulations during such period.
  (b) Family day care homes, child day care centers caring for at  least
three  but fewer than seven children, and school-age child care programs
shall register with the [department] OFFICE and shall operate in compli-
ance with the regulations of the [department] OFFICE.
  (B-1) NURSERY SCHOOLS CARING FOR AT LEAST THREE  CHILDREN  SHALL  FILE
WITH  THE OFFICE AND SHALL OPERATE IN COMPLIANCE WITH THE REGULATIONS OF
THE OFFICE.
  (c) Any child day care provider  not  required  to  obtain  a  license
pursuant  to  paragraph  (a) of this subdivision or to register with the
[department] OFFICE pursuant to paragraph (b) of  this  subdivision  may
register with the [department] OFFICE.
  (d)  (i) The office [of children and family services] shall promulgate
regulations for licensure and for registration of  child  day  care  AND
FILING  FOR  NURSERY  SCHOOLS  pursuant  to this section. Procedures for
obtaining a license or registration or renewing a license shall  include
a satisfactory inspection of the facility by the office [of children and
family  services]  prior  to  issuance of the license or registration or
renewal of the license.

S. 1518                             4

  (ii) (A) Initial registrations shall be valid for a period  of  up  to
two years, subsequent registrations shall be valid for a period of up to
four  years  so long as the provider remains substantially in compliance
with applicable law and regulations during such period.
  (B)  After  initial  registration  by the child day care provider, the
office [of children and family services] shall not accept any subsequent
registration by such provider, unless:
  (1) such provider has met  the  training  requirements  set  forth  in
section three hundred ninety-a of this title;
  (2)  such  provider  has met the requirements of section three hundred
ninety-b of this title relating to criminal history screening;
  (3) such provider has complied with the requirements of  section  four
hundred twenty-four-a of this article; and
  (4)  the  office  [of  children  and  family services] has received no
complaints about the home, center,  or  program  alleging  statutory  or
regulatory  violations,  or, having received such complaints, the office
[of children and  family  services]  has  determined,  after  inspection
pursuant to paragraph (a) of subdivision three of this section, that the
home, center, or program is operated in compliance with applicable stat-
utory and regulatory requirements.
  (C)  Where the office [of children and family services] has determined
that a registration should not be continued because the requirements  of
clause  (B) of this subparagraph have not been satisfied, the office [of
children and family services] may terminate  the  registration.  If  the
office  [of  children and family services] does not terminate the regis-
tration, the office [of children and family services] shall inspect  the
home or program before acknowledging any subsequent registration.  Where
the home or program has failed to meet the requirements of this section,
the  office  [of children and family services] may reject any subsequent
registration of a provider. Nothing herein shall prohibit the office [of
children and family services] from terminating or  suspending  registra-
tion  pursuant  to  subdivision ten of this section where the office [of
children and family services] determines that termination or  suspension
is necessary.
  (iv)  Child day care providers who have been issued a license OR NURS-
ERY SCHOOL OPERATORS WHO HAVE FILED WITH THE OFFICE shall openly display
such license OR OFFICE VERIFICATION OF THE FILING  in  the  facility  or
home for which the license OR FILING is issued. Child day care providers
who  have registered OR FILED with the [department] OFFICE shall provide
proof of registration OR FILING upon request.
  (e) Notwithstanding any other provision of this section, where a child
is cared for by a parent, guardian or relative within the  third  degree
of  consanguinity of the parent of such child and such person simultane-
ously provides child day care for other children, only the  other  chil-
dren  shall  be  considered  in  determining whether such person must be
registered, FILED or licensed, provided that such person is not  caring,
in total, for more than eight children.
  2-a. (a) The office [of children and family services] shall promulgate
regulations  which  establish  minimum  quality program requirements for
licensed and registered child day care homes, programs  and  facilities.
Such  requirements  shall include but not be limited to (i) the need for
age appropriate activities, materials and equipment  to  promote  cogni-
tive,  educational,  social, cultural, physical, emotional, language and
recreational development of children in care  in  a  safe,  healthy  and
caring environment (ii) principles of childhood development (iii) appro-
priate  staff/child  ratios  for family day care homes, group family day

S. 1518                             5

care homes, school age day care programs and day care centers,  provided
however  that  such  staff/child ratios shall not be less stringent than
applicable staff/child ratios as set forth in part  four  hundred  four-
teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
teen  of title eighteen of the New York code of rules and regulations as
of January first, two thousand (iv) appropriate levels of supervision of
children in care (v) minimum standards for sanitation, health, infection
control, nutrition, buildings and  equipment,  safety,  security  proce-
dures,  first  aid,  fire  prevention, fire safety, evacuation plans and
drills, prevention of child abuse and maltreatment, staff qualifications
and training, record keeping, and child behavior management.
  (b) The use of electronic monitors as a sole means of  supervision  of
children  in  day care shall be prohibited, except that electronic moni-
tors may be used in family day care homes  and  group  family  day  care
homes as an indirect means of supervision where the parents of any child
to  be  supervised have agreed in advance to the use of such monitors as
an indirect means of  supervision  and  the  use  of  such  monitors  is
restricted to situations where the children so supervised are sleeping.
  (c) No child less than six weeks of age may be cared for by a licensed
or  registered  day  care  provider, except in extenuating circumstances
where prior approval for care of such children has  been  given  by  the
office  [of children and family services]. Extenuating circumstances for
the purposes of this section shall include but not  be  limited  to  the
medical or health needs of the parent or child, or the economic hardship
of the parent.
  3. (a) The office [of children and family services] may make announced
or  unannounced inspections of the records and premises of any child day
care provider, whether or not such provider has a license  from,  or  is
registered  with,  the  office  [of  children  and family services]. The
office  [of  children  and  family  services]  shall  make   unannounced
inspections  of  the records and premises of any child day care provider
OR NURSERY SCHOOL OPERATOR within fifteen  days  after  the  office  [of
children  and family services] receives a complaint that, if true, would
indicate such provider OR OPERATOR does not comply with the  regulations
of  the  office  [of  children  and  family  services] or with statutory
requirements. If the complaint indicates  that  there  may  be  imminent
danger  to  the  children,  the office [of children and family services]
shall investigate the complaint no later than the next day of  operation
of  the  provider  OR  OPERATOR.  The  office  [of  children  and family
services] may provide for inspections through the purchase of services.
  (b) Where inspections have been  made  and  violations  of  applicable
statutes  or  regulations  have  been found, the office [of children and
family services] shall within ten days advise the child day care provid-
er OR OPERATOR in writing of the violations and require the provider  to
correct  such  violations.  The office [of children and family services]
may also act pursuant to subdivisions ten and eleven of this section.
  (c) (i) The office [of children and family services] shall establish a
toll-free statewide telephone number to receive  inquiries  about  child
day  care homes, programs and facilities and complaints of violations of
the requirements of this section or regulations promulgated  under  this
section.  The  office  [of children and family services] shall develop a
system for  investigation,  which  shall  include  inspection,  of  such
complaints. The office [of children and family services] may provide for
such  investigations  through purchase of services. The office [of chil-
dren and family services] shall develop a process for  publicizing  such

S. 1518                             6

toll-free  telephone  number  to  the  public  for  making  inquiries or
complaints about child day care homes, programs or facilities.
  (ii)  Information to be maintained and available to the public through
such toll-free telephone number shall include, but not be limited to:
  (A) current license and registration status of child day  care  homes,
programs  and  facilities including whether a license or registration is
in effect or has been revoked or suspended; and
  (B) child care  resource  and  referral  programs  providing  services
pursuant  to  title  five-B of this article and other resources known to
the office [of children and family services] which relate to  child  day
care homes, programs and facilities in the state.
  (iii)  Upon  written  request  identifying a particular child day care
home, program or facility, the office [of children and family  services]
shall  provide  the information set forth below. The office [of children
and family services] may charge reasonable fees for copies of  documents
provided,  consistent  with  the provisions of article six of the public
officers law. The information available pursuant to  this  clause  shall
be:
  (A)  the results of the most recent inspection for licensure or regis-
tration and any subsequent inspections by the office  [of  children  and
family services];
  (B) complaints filed against child day care homes, programs or facili-
ties  which  describes  the  nature  of the complaint and states how the
complaint was resolved, including the status of the office [of  children
and  family  services]  investigation,  the  steps  taken to rectify the
complaint, and the penalty, if any, imposed; and
  (C) child day care homes, programs or facilities which have  requested
or  received  a  waiver  from any applicable rule or regulation, and the
regulatory requirement which was waived.
  (iv) Nothing in this paragraph shall be construed to require or permit
the disclosure either orally or in writing of any  information  that  is
confidential pursuant to law.
  (d)  Where  investigation  or inspection reveals that a child day care
provider which must be licensed or registered is  not,  the  office  [of
children  and  family services] shall advise the child day care provider
in writing that the provider is in violation of the licensing or  regis-
tration  requirements and shall take such further action as is necessary
to cause the provider to comply with the  law,  including  directing  an
unlicensed or unregistered provider to cease operation. In addition, the
office  [of  children and family services] shall require the provider to
notify the parents or guardians of  children  receiving  care  from  the
provider that the provider is in violation of the licensing or registra-
tion  requirements  and  shall require the provider to notify the office
[of children and family services] that the provider has done  so.    Any
provider  who is directed to cease operations pursuant to this paragraph
shall be entitled to a hearing before the office [of children and family
services]. If the provider requests a hearing to contest  the  directive
to  cease operations, such hearing must be scheduled to commence as soon
as possible but in no event later than thirty days after the receipt  of
the request by the office [of children and family services]. The provid-
er  may  not operate the center, home or program after being directed to
cease operations, regardless of whether a hearing is requested.  If  the
provider  does  not cease operations, the office [of children and family
services] may impose a civil penalty pursuant to subdivision  eleven  of
this section, seek an injunction pursuant to section three hundred nine-
ty-one of this title, or both.

S. 1518                             7

  (e)  (i)  Where  an  authorized  agency  is subsidizing child day care
pursuant to any provision of this chapter,  the  authorized  agency  may
submit  to  the  [department]  OFFICE justification for a need to impose
additional requirements upon child day care  providers  and  a  plan  to
monitor compliance with such additional requirements. No such additional
requirements  or  monitoring may be imposed without the written approval
of the [department] OFFICE.
  (ii) An authorized agency may refuse to allow a child day care provid-
er who is not in compliance with this  section  and  regulations  issued
hereunder  or  any  approved  additional  requirements of the authorized
agency to provide child day care to the child. In  accordance  with  the
plan  approved  by  the  [department] OFFICE, an authorized agency shall
have the right to make  announced  or  unannounced  inspections  of  the
records  and  premises  of any provider who provides care for such chil-
dren, including the right to make inspections prior to subsidized  chil-
dren receiving care in a home where the inspection is for the purpose of
determining  whether  the  child day care provider is in compliance with
applicable law and regulations and any additional  requirements  imposed
upon  such provider by the authorized agency. Where an authorized agency
makes such inspections, the authorized agency shall notify the  [depart-
ment]  OFFICE  immediately  of  any  violations of this section or regu-
lations promulgated hereunder, and shall provide the [department] OFFICE
with an inspection report whether or not violations  were  found,  docu-
menting the results of such inspection.
  (iii) Nothing contained in this paragraph shall diminish the authority
of  the  department  to  conduct  inspections or provide for inspections
through purchase of services as otherwise provided for in this  section.
Nothing  contained  in  this  paragraph  shall obligate the [department]
OFFICE to take any action to enforce any additional requirements imposed
on child day care providers by an authorized agency.
  (E-1) (I) WHERE A COMPLAINT IS RECEIVED ALLEGING THAT A NURSERY SCHOOL
OPERATOR WHO IS REQUIRED TO FILE HAS NOT DONE SO, THE OFFICE, WITHIN TEN
DAYS OF RECEIPT OF THE COMPLAINT, SHALL ADVISE, IN WRITING, THE  NURSERY
SCHOOL  OPERATOR  SUBJECT TO SUCH COMPLAINT, OF THE FILING STANDARDS AND
REQUIREMENTS, AND OF THE OPERATOR'S OBLIGATION TO FILE IF SUCH PERSON IS
SUBJECT TO FILING. THE OFFICE SHALL FURTHER DIRECT THE  ALLEGED  NURSERY
SCHOOL OPERATOR TO RESPOND WITHIN THIRTY DAYS OF RECEIPT OF THE OFFICE'S
LETTER.  UNLESS  SUCH NURSERY SCHOOL OPERATOR FILES, SUCH RESPONSE SHALL
STATE WHY THE ALLEGED OPERATOR IS NOT SUBJECT TO THE FILING REQUIREMENTS
OF THIS SECTION.
  (II) SHOULD A NURSERY SCHOOL OPERATOR  FAIL  TO  FILE  OR  SUBMIT  THE
RESPONSE  REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH WITHIN THE TIME
LIMIT THEREIN SPECIFIED, THE OFFICE SHALL TAKE SUCH FURTHER ACTION AS IS
NECESSARY TO CAUSE THE OPERATOR TO COMPLY WITH THE LAW.
  (f) Individual local social services districts may alter their partic-
ipation in activities related to arranging for, subsidizing,  delivering
and  monitoring  the  provision  of  subsidized child day care provided,
however, that the total participation of an individual district  in  all
activities  related  to the provision of subsidized child day care shall
be no less than the participation level engaged in  by  such  individual
district on the effective date of this section.
  4. (a) The office [of children and family services] on an annual basis
shall  inspect at least twenty percent of all registered family day care
homes, registered child day care centers, NURSERY SCHOOLS FILED WITH THE
OFFICE and registered school age child care programs to determine wheth-
er such homes, centers and programs are  operating  in  compliance  with

S. 1518                             8

applicable  statutes and regulations. The office [of children and family
services] shall increase the percentage of family day care homes,  child
day  care centers and school age child care programs which are inspected
pursuant  to  this subdivision as follows: to at least thirty percent by
the thirty-first of December two thousand; and to at least fifty percent
by the thirty-first of December two thousand one. The office  [of  chil-
dren  and  family  services]  may  provide  for such inspections through
purchase of services. Priority shall be given to family day  care  homes
which  have  never been licensed or certified prior to initial registra-
tion.
  (b) Any  family  day  care  home  or  school-age  child  care  program
licensed,  registered, or certified by the [department] OFFICE or by any
authorized agency on the effective date of this section shall be  deemed
registered  until  the expiration of its then-current license or certif-
icate unless such license or certificate is suspended or revoked  pursu-
ant  to  subdivision  ten  of  this  section.  Family day care homes and
school-age child care programs not licensed, registered, or certified on
the effective date of this section shall register pursuant  to  subdivi-
sion two of this section.
  5.  Child  day  care  providers  required  to  have a license from the
[department] OFFICE or to be registered  with  the  [department]  OFFICE
pursuant  to  this  section  shall  not  be exempt from such requirement
through registration with another state agency, or certification, regis-
tration, or licensure by any local governmental agency or any authorized
agency.
  6. Unless otherwise limited by law, a parent with legal custody  or  a
legal  guardian  of  any  child  in  a child day care program OR NURSERY
SCHOOL shall have unlimited and on demand access to such child or  ward.
Such parent or guardian unless otherwise limited by law, also shall have
the right to inspect on demand during its hours of operation any area of
a  child  day  care center, group family day care home, school-age child
care program, or family day care home to which the child or ward of such
parent or guardian has access or which could present  a  hazard  to  the
health and safety of the child or ward.
  7.  (a)  The  [department] OFFICE shall implement on a statewide basis
programs to educate parents and other potential consumers of  child  day
care  programs  AND  NURSERY  SCHOOLS about their selection and use. The
[department] OFFICE may provide  for  such  implementation  through  the
purchase  of  services. Such education shall include, but not be limited
to, the following topics:
  (i) types of child day care programs;
  (ii) factors to be considered in selecting and  evaluating  child  day
care programs;
  (iii)  regulations  of the [department] OFFICE governing the operation
of different types of programs;
  (iv) rights of parents or guardians in relation to access to  children
and inspection of child day care programs;
  (v)  information  concerning the availability of child day care subsi-
dies;
  (vi)  information  about  licensing  [and],  registration  AND  FILING
requirements;
  (vii)  prevention  of  child  abuse and maltreatment in child day care
programs, including screening of child day care providers and employees;
  (viii) tax information; and

S. 1518                             9

  (ix) factors to be considered in selecting and  evaluating  child  day
care  programs  when  a child needs administration of medications during
the time enrolled.
  (b)  The  [department]  OFFICE shall implement a statewide campaign to
educate the public as to the  legal  requirements  for  registration  of
family  day  care  and  school-age  child  care,  THE  FILING OF NURSERY
SCHOOLS, and the  benefits  of  such  [registration]  PROCEDURES.    The
[department]  OFFICE  may  provide  for  such implementation through the
purchase of services. The campaign shall:
  (i) use various types of media;
  (ii) include the development of public educational materials for fami-
lies, [family day care providers,] employers and community agencies;
  (iii) explain the role and functions of child care resource and refer-
ral programs, as such term is used in title five-B of this article;
  (iv) explain the role and functions  of  the  [department]  OFFICE  in
regard to registered LICENSED AND FILED programs; and
  (v)  publicize  the [department's] OFFICE'S toll-free telephone number
for making complaints of violations of  [child  day  care]  requirements
related  to  programs which are required to be licensed [or], registered
OR FILED.
  8. The [department] OFFICE shall establish and maintain a list of  all
current  FILED,  registered and licensed [child day care] programs and a
list of all programs whose license [or], registration OR FILING has been
revoked, rejected, terminated, or suspended. Such information  shall  be
available  to  the  public,  pursuant  to  procedures  developed  by the
[department] OFFICE.
  8-a. The office [of children  and  family  services]  shall  not  make
available to the public online any group family day care home provider's
or  family  day  care  provider's home street address or map showing the
location of such provider's home where such provider  has  requested  to
opt out of the online availability of this information. The office shall
provide a written form informing a provider of their right to opt out of
providing  information  online,  and  shall  also  permit  a provider to
request to opt out through the office's website.
  9. The [department] OFFICE shall make available, directly  or  through
purchase  of services, to registered [child day care] providers informa-
tion concerning:
  (a) liability insurance;
  (b) start-up grants;
  (c) United States department of agriculture food programs;
  (d) subsidies available for child day care;
  (e) tax information; and
  (f) support services required to be provided by  child  care  resource
and  referral programs as set forth in subdivision three of section four
hundred ten-r of this article.
  10. Any home or facility providing child day care shall be operated in
accordance with applicable statutes and regulations.  Any  violation  of
applicable  statutes  or  regulations  shall  be a basis to deny, limit,
suspend, revoke, or terminate a license or registration. Consistent with
articles twenty-three and twenty-three-A  of  the  correction  law,  and
guidelines  referenced  in subdivision two of section four hundred twen-
ty-five of this article, if the office [of children and family services]
is made aware of the existence of a criminal conviction or pending crim-
inal charge concerning an operator of a  family  day  care  home,  group
family  day  care home, school-age child care program, or child day care
center or concerning any assistant, employee or volunteer in such homes,

S. 1518                            10

programs or centers, or any persons age eighteen or over who  reside  in
such  homes,  such  conviction  or charge may be a basis to deny, limit,
suspend, revoke, reject, or terminate a license or registration.  Before
any  license  issued  pursuant  to  the  provisions  of  this section is
suspended or revoked, before registration pursuant to  this  section  is
suspended  or  terminated,  or  when  an application for such license is
denied or registration rejected, the applicant for  or  holder  of  such
registration  or  license is entitled, pursuant to section twenty-two of
this chapter and the regulations of the office [of children  and  family
services],  to  a  hearing  before  the  office  [of children and family
services]. However, a  license  or  registration  shall  be  temporarily
suspended or limited without a hearing upon written notice to the opera-
tor  of  the  facility following a finding that the public health, or an
individual's safety or welfare, [are] IS in imminent danger. The  holder
of  a  license  or registrant is entitled to a hearing before the office
[of children and family services] to contest the temporary suspension or
limitation. If the holder of a license or registrant requests a  hearing
to  contest the temporary suspension or limitation, such hearing must be
scheduled to commence as soon as possible but in  no  event  later  than
thirty  days after the receipt of the request by the office [of children
and family services]. Suspension  shall  continue  until  the  condition
requiring suspension or limitation is corrected or until a hearing deci-
sion  has  been  issued. If the office [of children and family services]
determines after a hearing that the temporary suspension  or  limitation
was  proper,  such  suspension or limitation shall be extended until the
condition requiring suspension or limitation has been corrected or until
the license or registration has been revoked.
  11. (a) (i) (A) The office [of children  and  family  services]  shall
adopt  regulations  establishing  civil  penalties  of no more than five
hundred dollars per day to be assessed against child day  care  centers,
school  age  child  care programs, group family day care homes or family
day care homes for violations of this section,  sections  three  hundred
ninety-a  and  three  hundred ninety-b of this title and any regulations
promulgated thereunder. The  regulations  establishing  civil  penalties
shall specify the violations subject to penalty.
  (B)  THE OFFICE SHALL ALSO ADOPT REGULATIONS ESTABLISHING CIVIL PENAL-
TIES OF NO MORE THAN TWO HUNDRED FIFTY DOLLARS PER DAY  TO  BE  ASSESSED
AGAINST  NURSERY  SCHOOL  OPERATORS  WHO OPERATE NURSERY SCHOOLS WITHOUT
HAVING MADE THE FILING REQUIRED BY THIS SECTION.
  (ii) The office [of children and family services]  shall  adopt  regu-
lations  establishing  civil  penalties  of  no  more  than five hundred
dollars per day to be assessed against  child  day  care  providers  who
operate  child day care centers or group family day care homes without a
license or who operate family day  care  homes,  school-age  child  care
programs,  or  child  day care centers required to be registered without
obtaining such registration.
  (iii) In addition to any other civil or criminal penalty  provided  by
law,  the  office [of children and family services] shall have the power
to assess civil penalties in accordance  with  its  regulations  adopted
pursuant  to  this  subdivision  after a hearing conducted in accordance
with procedures established by regulations of the office of children and
family services. Such procedures shall require that notice of  the  time
and  place  of  the  hearing,  together  with  a statement of charges of
violations, shall be served in person or by certified mail addressed  to
the  school  age  child care program, group family day care home, family
day care home, NURSERY SCHOOL OPERATOR or child day care center at least

S. 1518                            11

thirty days prior to the date of the hearing. The statement  of  charges
shall set forth the existence of the violation or violations, the amount
of penalty for which the program may become liable, the steps which must
be  taken  to  rectify  the violation, and where applicable, a statement
that a penalty may be imposed regardless  of  rectification.  A  written
answer  to  the charges of violations shall be filed with the office [of
children and family services] not less than ten days prior to  the  date
of  hearing  with  respect  to each of the charges and shall include all
material and relevant matters which, if not  disclosed  in  the  answer,
would  not  likely  be  known  to  the  office  [of  children and family
services].
  (iv) The hearing shall be held by the commissioner of the  office  [of
children and family services] or the commissioner's designee. The burden
of  proof at such hearing shall be on the office [of children and family
services] to show that the charges are supported by a  preponderance  of
the  evidence.  The  commissioner  of the office [of children and family
services] or the commissioner's designee, in his or her discretion,  may
allow the child day care center operator or provider to attempt to prove
by  a  preponderance  of  the  evidence  any  matter not included in the
answer. Where the child day care  provider  satisfactorily  demonstrates
that it has rectified the violations in accordance with the requirements
of paragraph (c) of this subdivision, no penalty shall be imposed except
as provided in paragraph (c) of this subdivision.
  (b)(i) In assessing penalties pursuant to this subdivision, the office
[of  children  and family services] may consider the completeness of any
rectification made and the specific circumstances of such violations  as
mitigating factors.
  (ii) Upon the request of the office [of children and family services],
the  attorney general shall commence an action in any court of competent
jurisdiction  against  any  child  day  care  program  subject  to   the
provisions  of this subdivision and against any person, entity or corpo-
ration operating such center or school age  child  care  program,  group
family  day  care  home  or family day care home for the recovery of any
penalty assessed by the office [of  children  and  family  services]  in
accordance with the provisions of this subdivision.
  (iii)  Any such penalty assessed by the office [of children and family
services] may be released or compromised by the office [of children  and
family  services]  before  the  matter has been referred to the attorney
general; when such matter has been referred  to  the  attorney  general,
such  penalty may be released or compromised and any action commenced to
recover the same may be settled and discontinued by the attorney general
with the consent of the office [of children and family services].
  (c)(i) Except as provided for in this  paragraph,  a  child  day  care
provider  shall  avoid  payment  of  a  penalty imposed pursuant to this
subdivision  where  the  provider  has  rectified  the  condition  which
resulted  in the imposition of the penalty within thirty days of notifi-
cation of the existence of the violation of statute or regulation.
  (ii) [Clause] SUBPARAGRAPH  (i)  of  this  paragraph  notwithstanding,
rectification shall not preclude the imposition of a penalty pursuant to
this subdivision where:
  (A)  the  child day care provider has operated a child day care center
or group family day care home without a license, has refused to  seek  a
license  for the operation of such a center or home, or has continued to
operate such a center or home after denial  of  a  license  application,
revocation of an existing license or suspension of an existing license;

S. 1518                            12

  (B)  the  child day care provider has operated a family day care home,
school-age child care program or child day care center  required  to  be
registered  without  being  registered, has refused to seek registration
for the operation of such home, program or center or  has  continued  to
operate  such  a  home, program or center after denial of a registration
application, revocation of an existing registration or suspension of  an
existing registration;
  (C)  there  has  been a total or substantial failure of the facility's
fire detection or prevention systems or emergency evacuation procedures;
  (D) the child day care provider or an assistant, employee or volunteer
OR NURSERY SCHOOL has failed to provide adequate  and  competent  super-
vision;
  (E) the child day care provider or an assistant, employee or volunteer
OR NURSERY SCHOOL has failed to provide adequate sanitation;
  (F)  the child day care provider or an assistant, employee, volunteer,
NURSERY SCHOOL or, for a family day care home or group family  day  care
home, a member of the provider's household, has injured a child in care,
unreasonably  failed  to  obtain  medical  attention for a child in care
requiring such attention, used corporal punishment against  a  child  in
care or abused or maltreated a child in care;
  (G)  the  child  day  care provider OR NURSERY SCHOOL has violated the
same statutory or regulatory standard more than once within a six  month
period;
  (H) the child day care provider or an assistant, employee or volunteer
OR  NURSERY  SCHOOL has failed to make a report of suspected child abuse
or maltreatment when required to do so pursuant to section four  hundred
thirteen of this article; or
  (I) the child day care provider or an assistant, employee or volunteer
OR  NURSERY  SCHOOL  has  submitted to the office of children and family
services a forged document as defined in section  170.00  of  the  penal
law.
  (d)  Any  civil  penalty received by the office of children and family
services pursuant to this subdivision shall be deposited to  the  credit
of  the "quality child care and protection fund" established pursuant to
section ninety-seven-www of the state finance law, AS ADDED  BY  CHAPTER
FOUR HUNDRED SIXTEEN OF THE LAWS OF TWO THOUSAND.
  (e)(i)  The  office [of children and family services] shall deny a new
application for licensure or registration made by a  day  care  provider
whose license or registration was previously revoked or terminated based
on  a  violation of statute or regulation for a period of two years from
the date that the revocation or termination of the license or  registra-
tion  became  finally  effective,  unless such office determines, in its
discretion, that approval of the application will not in any  way  jeop-
ardize  the health, safety or welfare of children in the center, program
or home. For the purposes of this paragraph, the date that  the  revoca-
tion or termination became finally effective shall be, as applicable:
  (A) the date that the revocation or termination became effective based
on the notice of revocation or termination;
  (B)  the date that the hearing decision was issued upholding the revo-
cation or termination;
  (C) the date of issuance of a final court order affirming the  revoca-
tion  or  termination  or  affirming  a hearing decision that upheld the
revocation or termination; or
  (D) another date mutually agreed upon by the office  of  children  and
family services and the provider.

S. 1518                            13

  (ii)(A)  Such  office shall deny a new application for licensure [or],
registration OR FILING made by a day care  provider  OR  NURSERY  SCHOOL
OPERATOR  who  is enjoined or otherwise prohibited by a court order from
operation of a day care center, NURSERY SCHOOL, group  family  day  care
home,  family  day  care home or school-age child care program without a
license or registration for a period of two years from the date  of  the
court  order  unless  the  court order specifically enjoins the provider
from providing day care for a period longer than  two  years,  in  which
case  the  office  shall  deny  any new application made by the provider
while the provider is so enjoined.
  (B) Such office shall deny  a  new  application  for  licensure  [or],
registration  OR  FILING  made  by a day care provider OR NURSERY SCHOOL
OPERATOR who is assessed a second  civil  penalty  by  such  office  for
having operated a day care center, NURSERY SCHOOL, group family day care
home,  family  day  care home or school-age child care program without a
license or registration for a period of two years from the date  of  the
second  fine. For the purposes of this paragraph, the date of the second
fine shall be either the date upon which the day care provider  signs  a
stipulation  agreement  to  pay the second fine or the date upon which a
hearing decision is issued affirming the determination of such office to
impose the second fine, as applicable.
  (iii) A day care provider OR NURSERY SCHOOL  OPERATOR  who  surrenders
the provider's license [or], registration OR FILING while such office is
engaged  in enforcement seeking suspension, revocation or termination of
such provider's license [or], registration OR  FILING  pursuant  to  the
regulations  of  such  office, shall be deemed to have had their license
[or], registration OR FILING revoked or terminated and shall be  subject
to  the  prohibitions  against  licensing  [or],  registration OR FILING
pursuant to subparagraph (i) of this paragraph for a period of two years
from the date of surrender of the license or registration.
  12.  (a) Notwithstanding any other provision of law, except as may  be
required  as  a  condition  of licensure [or], registration OR FILING by
regulations promulgated pursuant  to  this  section,  no  village,  town
(outside  the  area  of  any incorporated village), city or county shall
adopt or enact any  law,  ordinance,  rule  or  regulation  which  would
impose,  mandate  or otherwise enforce standards for sanitation, health,
fire safety or building construction on a one or two family dwelling  or
multiple  dwelling  used  to provide group family day care or family day
care than would be applicable were such child day care not  provided  on
the  premises.  No  village,  town (outside the area of any incorporated
village), city or county shall prohibit or restrict use of a one or  two
family  dwelling,  or  multiple  dwelling for family or group family day
care where a license or registration for such use  has  been  issued  in
accordance  with regulations issued pursuant to this section. Nothing in
this paragraph shall preclude local authorities with enforcement  juris-
diction  of  the  applicable sanitation, health, fire safety or building
construction code from making appropriate inspections to assure  compli-
ance with such standards.
  (b)  Notwithstanding  any  other  provision  of  law,  but pursuant to
section five hundred eighty-one-b of  the  real  property  tax  law,  no
assessing unit, as defined in subdivision one of section one hundred two
of  the  real  property  tax  law, in the assessment of the value of any
parcel used for residential purposes and registered as a family day care
home pursuant to this section, shall consider the use or registration of
such parcel as a family day care home.

S. 1518                            14

  13. Notwithstanding any other provision of law, this section[,  except
for  paragraph  (a-1)  of  subdivision two-a of this section,] shall not
apply to child day care centers in the city of New York, OR ANY  NURSERY
SCHOOL  WHICH  IS ASSOCIATED WITH A SCHOOL DISTRICT, THAT ALREADY IMPLE-
MENTS A FINGERPRINTING PROCESS.
  S  2. The section heading and subdivisions 1 and 2 of section 390-a of
the social services law, the section heading as amended by  chapter  750
of  the  laws of 1990, subdivisions 1 and 2 as amended by chapter 416 of
the laws of 2000 and paragraph (e) of subdivision 2 as added by  chapter
230 of the laws of 2001, are amended to read as follows:
  Standards and training for child day care AND NURSERY SCHOOLS.  1. All
office  of  children and family services and municipal staff employed to
accept registrations AND FILINGS, issue licenses or conduct  inspections
of  child day care homes, programs or facilities, subject to the amounts
appropriated therefor, shall receive training in at least the following:
regulations promulgated by the office of children  and  family  services
pursuant  to  section  three  hundred  ninety of this title; child abuse
prevention and identification; safety and security procedures  in  child
day  care  settings;  the  principles  of childhood development, and the
laws, regulations and procedures governing the  protection  of  children
from abuse or maltreatment.
  2.  No  license or registration shall be issued to, OR FILING ACCEPTED
FROM a family day care home, group family  day  care  home,  school  age
child  care program [or], child day care center OR NURSERY SCHOOL OPERA-
TOR and no such registration, FILING or license shall be  renewed  until
it can be demonstrated by the employer or licensing agency that there is
a  procedure developed and implemented, in accordance with section three
hundred ninety-b of this title and pursuant to regulations of the office
of children and family services, to:
  (a) review and evaluate the backgrounds of and information supplied by
any person applying to be a child day care center  or  school-age  child
care program employee or volunteer or group family day care assistant, a
provider of family day care or group family day care, or a director of a
child  day  care  center,  head start day care center, NURSERY SCHOOL or
school-age child care program. Such procedures shall include but not  be
limited  to the following requirements: that the applicant set forth his
or her employment history, provide personal and  employment  references;
submit  such information as is required for screening with the statewide
central register of child abuse and maltreatment in accordance with  the
provisions of section four hundred twenty-four-a of this article; sign a
sworn statement indicating whether, to the best of his or her knowledge,
he  or she has ever been convicted of a crime in this state or any other
jurisdiction; and provide his or her fingerprints for submission to  the
division  of criminal justice services in accordance with the provisions
of section three hundred ninety-b of this title;
  (b) establish relevant minimal experiential and educational qualifica-
tions for employees and directors of child  day  care  centers  or  head
start day care center programs;
  (c)  assure  adequate  and  appropriate  supervision  of employees and
volunteers of group family day care homes, family day care homes,  child
day  care  centers,  NURSERY SCHOOLS and school-age child care programs;
[and]
  (d) demonstrate, in the case of child day care centers,  group  family
day  care  homes,  family day care homes, NURSERY SCHOOLS and school-age
child care programs the existence  of  specific  procedures  which  will
assure the safety of a child who is reported to the state central regis-

S. 1518                            15

ter  of  child abuse and maltreatment as well as other children provided
care by such homes, centers or programs, immediately  upon  notification
that a report has been made with respect to a child named in such report
while the child was in attendance at such homes, centers or programs[.];
AND
  (e)  establish  necessary rules to provide for uniform visitor control
procedures, including visitor identification.
  S 3.  Section 390-b of the social services law, as  added  by  chapter
416 of the laws of 2000, is amended to read as follows:
  S  390-b.  Criminal history review of child care providers, generally.
1. (a) Notwithstanding any other provision of law to the  contrary,  and
subject  to  rules  and  regulations of the division of criminal justice
services, the office of children and family  services  shall  perform  a
criminal  history  record  check  with  the division of criminal justice
services regarding any operator, employee or volunteer of  a  child  day
care  center or school age child care provider, as defined in paragraphs
(c) and (f) of subdivision one of section three hundred ninety  of  this
title.  Child day care center operators, school age child care operators
and any employees or volunteers, who previously did not have a  criminal
history record check performed in accordance with this subdivision shall
have  such  a criminal history record check performed when the child day
care center or school age child care provider  applies  for  license  or
registration  renewal.  Child  day care centers which are not subject to
the provisions of section three hundred ninety of this title, shall  not
be  subject  to  the  provisions of this section. The provisions of this
section shall apply to a volunteer only  where  the  volunteer  has  the
potential  for regular and substantial contact with children enrolled in
the program.
  (b) Notwithstanding any other provision of law to  the  contrary,  and
subject  to  rules  and  regulations of the division of criminal justice
services, the office of children and family  services  shall  perform  a
criminal  history  record  check  with  the division of criminal justice
services regarding the operator, any assistants, employees or volunteers
of a group family day care home [or], family day care  home  OR  NURSERY
SCHOOL,  as  defined in paragraphs (d) [and], (e) AND (G) of subdivision
one of section three hundred ninety of this title, and  any  person  age
eighteen  or  over residing on the premises of the group family day care
home [or], family day care  home  OR  NURSERY  SCHOOL  which  is  to  be
licensed  [or], registered OR FOR WHICH A FILING MUST BE MADE in accord-
ance with section three hundred ninety of this title. Group  family  day
care  home  operators,  family  day  care home operators, NURSERY SCHOOL
OPERATORS, any assistants, employees or volunteers, and persons who  are
age eighteen or over residing on the premises of a licensed group family
day  care  home  [or], registered family day care home OR NURSERY SCHOOL
who previously did not have a criminal history record check performed in
accordance with this subdivision shall  have  such  a  criminal  history
record  check performed when the group family day care home [or], family
day care home OR NURSERY  SCHOOL  applies  for  renewal  of  the  home's
license  [or],  registration OR FILING.   The provisions of this section
shall apply to a volunteer only where the volunteer  has  the  potential
for  regular  and  substantial  contact  with  children  enrolled in the
program.
  2. (a) As part of the provider's application for,  or  renewal  of,  a
child  day care center or school age child care license or registration,
the provider shall furnish the office of children  and  family  services
with  fingerprint  cards  of  any operator of a child day care center or

S. 1518                            16

school age child care program, and any employee or volunteer, who previ-
ously did not have a criminal history record check performed in  accord-
ance  with  this  section,  together  with  such other information as is
required  by the office of children and family services and the division
of criminal justice services.
  (b) Every child day care center or  school  age  child  care  provider
shall  obtain  a  set  of  fingerprints for each prospective employee or
volunteer and such other information as is required  by  the  office  of
children  and  family  services  and  the  division  of criminal justice
services. The child day care center or school  age  child  care  program
shall furnish to the applicant blank fingerprint cards and a description
of  how the completed fingerprint cards will be used. The child day care
center or school age child care program  shall  promptly  transmit  such
fingerprint cards to the office of children and family services.
  (c)  As part of the provider's application for, or renewal of, a group
family day care home license or family day care home  registration,  the
provider  shall  furnish the office of children and family services with
fingerprint cards of any operator of a group family  day  care  home  or
family  day care home, and any assistant, employee or volunteer, and any
person age eighteen or over residing on the premises of the group family
day care home or family day care home, who previously  did  not  have  a
criminal history record check performed in accordance with this section,
together  with  such  other  information as is required by the office of
children and family  services  and  the  division  of  criminal  justice
services.
  (d)  Every group family day care home or family day care home provider
shall obtain a set  of  fingerprints  for  each  prospective  assistant,
employee,  volunteer  and  any  person  age eighteen or over who will be
residing on the premises of the group family day care home or family day
care home, and such other information as is required by  the  office  of
children  and  family  services  and  the  division  of criminal justice
services. The group family day care home or family day care home provid-
er shall  furnish  to  the  applicant  blank  fingerprint  cards  and  a
description  of  how  the  completed fingerprint cards will be used. The
group family day care home  or  family  day  care  home  provider  shall
promptly  transmit  such fingerprint cards to the office of children and
family services.
  (e) AS PART OF THE PROVIDER'S APPLICATION FOR, OR RENEWAL OF, A  NURS-
ERY SCHOOL FILING, THE PROVIDER SHALL FURNISH THE OFFICE OF CHILDREN AND
FAMILY  SERVICES  WITH  FINGERPRINT  CARDS  OF ANY OPERATOR OF A NURSERY
SCHOOL, AND ANY EMPLOYEE OR VOLUNTEER, WHO PREVIOUSLY  DID  NOT  HAVE  A
CRIMINAL HISTORY RECORD CHECK PERFORMED IN ACCORDANCE WITH THIS SECTION,
TOGETHER  WITH  SUCH  OTHER  INFORMATION AS IS REQUIRED BY THE OFFICE OF
CHILDREN AND FAMILY  SERVICES  AND  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.
  (F)  EVERY  NURSERY SCHOOL PROVIDER SHALL OBTAIN A SET OF FINGERPRINTS
FOR EACH PROSPECTIVE EMPLOYEE OR VOLUNTEER AND SUCH OTHER INFORMATION AS
IS REQUIRED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE  DIVI-
SION  OF  CRIMINAL  JUSTICE  SERVICES.  THE NURSERY SCHOOL PROGRAM SHALL
FURNISH TO THE APPLICANT BLANK FINGERPRINT CARDS AND  A  DESCRIPTION  OF
HOW  THE  COMPLETED  FINGERPRINT  CARDS WILL BE USED. THE NURSERY SCHOOL
PROGRAM SHALL PROMPTLY TRANSMIT SUCH FINGERPRINT CARDS TO THE OFFICE  OF
CHILDREN AND FAMILY SERVICES.
  (G)  The office of children and family services shall pay the process-
ing fee imposed pursuant to subdivision eight-a of section eight hundred
thirty-seven of the executive law. The office  of  children  and  family

S. 1518                            17

services  shall promptly submit the fingerprint cards and the processing
fee to the division of criminal justice services for its full search and
retain processing.
  [(f)]  (H)  A licensed or registered child day care center, school-age
child care program, group family day care home or family day  care  home
may  temporarily  approve  an  applicant to be an employee, assistant or
volunteer for such provider while the results of  the  criminal  history
record  check are pending, but shall not allow such person to have unsu-
pervised contact with children during such time.
  3. Notwithstanding any other provision of law to the  contrary,  after
reviewing  any criminal history record information provided by the divi-
sion of criminal justice services, of an individual who is subject to  a
criminal  history  record  check pursuant to this section, the office of
children and family services and the provider shall take  the  following
actions:
  (a)  (i)  Where  the  criminal history record of an applicant to be an
operator of a child day care center,  school  age  child  care  program,
group family day care home, family day care home, NURSERY SCHOOL, or any
person  over  the  age  of  eighteen  residing in such a home OR SCHOOL,
reveals a felony conviction at any time for a sex offense, crime against
a child, or a crime involving violence, or a  felony  conviction  within
the  past  five years for a drug-related offense, the office of children
and family services shall deny the  application  OR  FILING  unless  the
office  determines,  in its discretion, that approval of the application
OR FILING will not in any way jeopardize the health, safety  or  welfare
of the children in the center, program or home; or
  (ii) Where the criminal history record of an applicant to be an opera-
tor  of  a  child  day care center, school age child care program, group
family day care home, family day  care  home,  NURSERY  SCHOOL,  or  any
person  over  the  age  of  eighteen  residing in such a home OR SCHOOL,
reveals a conviction for a crime other than one set  forth  in  subpara-
graph  (i) of this paragraph, the office of children and family services
may deny the application OR  FILING,  consistent  with  article  twenty-
three-A of the correction law; or
  (iii) Where the criminal history record of an applicant to be an oper-
ator  of  a  child day care center, school age child care program, group
family day care home, family day care home, NURSERY SCHOOL, or any other
person over the age of eighteen residing  in  such  a  home,  reveals  a
charge  for  any crime, the office of children and family services shall
hold the application OR FILING in abeyance until the charge  is  finally
resolved.
  (b)  (i)  Where the criminal history record of a current operator of a
child day care center, school age child care program, group  family  day
care  home,  family  day  care home, NURSERY SCHOOL, or any other person
over the age of eighteen residing in such a home OR  SCHOOL,  reveals  a
conviction for a crime set forth in subparagraph (i) of paragraph (a) of
this  subdivision,  the  office  of  children  and family services shall
conduct a safety assessment of the  program  and  take  all  appropriate
steps  to  protect the health and safety of the children in the program.
The office of children and family services shall deny,  limit,  suspend,
revoke, reject or terminate a license [or], registration OR FILING based
on  such  a conviction, unless the office determines, in its discretion,
that continued operation of the center, program  [or],  home  OR  SCHOOL
will  not  in  any  way  jeopardize the health, safety or welfare of the
children in the center, program [or], home OR SCHOOL;

S. 1518                            18

  (ii) Where the criminal history record of  a  current  operator  of  a
child  day  care center, school age child care program, group family day
care home, family day care home, NURSERY SCHOOL,  or  any  other  person
over  the  age  of eighteen residing in such a home OR SCHOOL, reveals a
conviction  for  a crime other than one set forth in subparagraph (i) of
paragraph (a) of this subdivision, the office  of  children  and  family
services  shall  conduct a safety assessment of the program and take all
appropriate steps to protect the health and safety of  the  children  in
the  program.  The  office  may  deny, limit, suspend, revoke, reject or
terminate a license  [or],  registration  OR  FILING  based  on  such  a
conviction,  consistent  with  article  twenty-three-A of the correction
law;
  (iii) Where the criminal history record of a  current  operator  of  a
child  day  care center, school age child care program, group family day
care home, family day care home, NURSERY SCHOOL,  or  any  other  person
over  the  age  of eighteen residing in such a home OR SCHOOL, reveals a
charge for any crime, the office of children and family  services  shall
conduct  a  safety  assessment  of  the program and take all appropriate
steps to protect the health and safety of the children in  the  program.
The  office  may suspend a license [or], registration OR FILING based on
such a charge where necessary to protect the health and  safety  of  the
children in the program.
  (c)  (i)  Where  the  criminal history record of an applicant to be an
employee or volunteer at a child day care center [or], school age  child
care  program  OR  NURSERY  SCHOOL  reveals a conviction for a crime set
forth in subparagraph (i) of paragraph  (a)  of  this  subdivision,  the
office of children and family services shall direct the provider to deny
the  application  unless  the office determines, in its discretion, that
approval of the application will not in any way jeopardize  the  health,
safety or welfare of the children in the center or program;
  (ii)  Where  the  criminal  history  record  of  an applicant to be an
employee or volunteer at a child day care center [or], school age  child
care  program  OR  NURSERY SCHOOL reveals a conviction for a crime other
than one set forth in subparagraph (i) of paragraph (a) of this subdivi-
sion, the office of children and family services  may,  consistent  with
article  twenty-three-A  of  the  correction law, direct the provider to
deny the application;
  (iii) Where the criminal history record  of  an  applicant  to  be  an
employee  or volunteer at a child day care center [or], school age child
care program OR NURSERY SCHOOL reveals  a  charge  for  any  crime,  the
office  of  children  and  family services shall hold the application in
abeyance until the charge is finally resolved.
  (d) (i) Where the criminal history record of  a  current  employee  or
volunteer at a child day care center [or], school age child care program
OR NURSERY SCHOOL reveals a conviction for a crime set forth in subpara-
graph  (i)  of paragraph (a) of this subdivision, the office of children
and family services shall conduct a safety assessment of the program and
take all appropriate steps to protect the health and safety of the chil-
dren in the program. The office shall direct the provider  to  terminate
the  employee or volunteer based on such a conviction, unless the office
determines, in its  discretion,  that  the  continued  presence  of  the
employee or volunteer in the center or program will not in any way jeop-
ardize  the  health,  safety or welfare of the children in the center or
program;
  (ii) Where the criminal history record of a current employee or volun-
teer at a child day care center [or], school age child care  program  OR

S. 1518                            19

NURSERY SCHOOL reveals a conviction for a crime other than one set forth
in  subparagraph (i) of paragraph (a) of this subdivision, the office of
children and family services shall conduct a safety  assessment  of  the
program  and take all appropriate steps to protect the health and safety
of the children in the program. The office may direct  the  provider  to
terminate the employee or volunteer based on such a conviction, consist-
ent with article twenty-three-A of the correction law;
   (iii)  Where  the  criminal  history  record of a current employee or
volunteer at a child day care center [or], school age child care program
OR NURSERY SCHOOL reveals a charge for any crime, the office of children
and family services shall conduct a safety assessment of the program and
take all appropriate steps to protect the health and safety of the chil-
dren in the program.
  (e) (i) Where the criminal history record of an  applicant  to  be  an
employee,  assistant  or  volunteer  at  a group family day care home or
family day care home reveals a conviction  for  a  crime  set  forth  in
subparagraph  (i)  of  paragraph  (a) of this subdivision, the office of
children and family services shall  direct  the  provider  to  deny  the
application  unless  the  office  determines,  in  its  discretion, that
approval of the application will not in any way jeopardize  the  health,
safety or welfare of the children in the home;
  (ii)  Where  the  criminal  history  record  of  an applicant to be an
employee, assistant or volunteer at a group  family  day  care  home  or
family day care home reveals a conviction for a crime other than one set
forth  in  subparagraph  (i)  of  paragraph (a) of this subdivision, the
office of children and family  services  may,  consistent  with  article
twenty-three-A  of  the  correction law, direct the provider to deny the
application;
  (iii) Where the criminal history record  of  an  applicant  to  be  an
employee,  assistant  or  volunteer  at  a group family day care home or
family day care home reveals a charge for any crime, the office of chil-
dren and family services shall hold the application  in  abeyance  until
the charge is finally resolved.
  (f)  (i)  Where  the  criminal  history  record of a current employee,
assistant or volunteer at a group family day care  home  or  family  day
care home reveals a conviction for a crime set forth in subparagraph (i)
of  paragraph (a) of this subdivision, the office of children and family
services shall conduct a safety assessment of the program and  take  all
appropriate  steps  to  protect the health and safety of the children in
the home. The office of children and family services  shall  direct  the
provider to terminate the employee, assistant or volunteer based on such
a  conviction, unless the office determines, in its discretion, that the
continued presence of the employee, assistant or volunteer in  the  home
will  not  in  any  way  jeopardize the health, safety or welfare of the
children in the home;
  (ii) Where the criminal history record of a current employee,  assist-
ant or volunteer at a group family day care home or family day care home
reveals  a  conviction  for a crime other than one set forth in subpara-
graph (i) of paragraph (a) of this subdivision, the office  of  children
and  family  services  shall conduct a safety assessment of the home and
take all appropriate steps to protect the health and safety of the chil-
dren in the home. The office may direct the provider  to  terminate  the
employee,  assistant or volunteer based on such a conviction, consistent
with article twenty-three-A of the correction law;
  (iii) Where the criminal history record of a current employee, assist-
ant or volunteer at a group family day care home or family day care home

S. 1518                            20

reveals a charge for any  crime,  the  office  of  children  and  family
services  shall  conduct  a  safety  assessment of the home and take all
appropriate steps to protect the health and safety of  the  children  in
the home.
  (g)  Advise  the  provider that the individual has no criminal history
record.
  4. Prior to making a determination to deny an application pursuant  to
subdivision  three  of  this  section, the office of children and family
services shall afford the applicant an opportunity to explain, in  writ-
ing, why the application should not be denied.
  5.  Notwithstanding  any  other  provision of law to the contrary, the
office of children and family  services,  upon  receipt  of  a  criminal
history  record  from  the  division  of  criminal justice services, may
request, and is entitled to receive, information pertaining to any crime
contained in such criminal history record from any state  or  local  law
enforcement agency, district attorney, parole officer, probation officer
or  court for the purposes of determining whether any ground relating to
such criminal conviction or pending criminal charge exists for denying a
license, registration, FILING, application or employment.
  6. The notification by the office of children and family  services  to
the  child  day  care  provider pursuant to this section shall include a
summary of the criminal history record, if any, provided by the division
of criminal justice services.
  7. Where the office of children and family services  directs  a  child
day  care  provider to deny an application based on the criminal history
record, the provider must notify the applicant that such record  is  the
basis of the denial.
  8.  Any  safety  assessment  required  pursuant  to this section shall
include a review of the duties of the individual, the  extent  to  which
such  individual may have contact with children in the program or house-
hold and the status and nature of the  criminal  charge  or  conviction.
Where  the  office  of  children and family services performs the safety
assessment, it shall thereafter take all appropriate  steps  to  protect
the  health  and safety of children receiving care in the child day care
center, school age child care program, family day care home [or],  group
family day care home OR NURSERY SCHOOL.
  9.  Any  criminal  history record provided by the division of criminal
justice services,  and  any  summary  of  the  criminal  history  record
provided  by  the  office of children and family services to a child day
care provider pursuant to this section, is confidential and shall not be
available for public inspection; provided, however, nothing herein shall
prevent a child day care provider or the office of children  and  family
services from disclosing criminal history information at any administra-
tive  or  judicial proceeding relating to the denial or revocation of an
application, employment, license [or],  registration  OR  FILING.    The
subject  of a criminal history review conducted pursuant to this section
shall be entitled to receive, upon written request, a copy of the summa-
ry of the criminal history record provided by the office of children and
family services to the child day care provider.  Unauthorized disclosure
of such records or reports shall subject the provider to civil penalties
in accordance with the provisions of subdivision eleven of section three
hundred ninety of this title.
  10. A child day care provider shall advise the office of children  and
family  services  when  an individual who is subject to criminal history
record review in accordance with subdivision one or two of this  section
is  no  longer subject to such review. The office of children and family

S. 1518                            21

services shall inform the division of criminal justice services when  an
individual  who  is  subject  to  criminal  history  review is no longer
subject to such review so that the division of criminal justice services
may terminate its retain processing with regard to such person. At least
once a year, the office of children and family services will be required
to  conduct  a  validation  of the records maintained by the division of
criminal justice services.
  S 4. Paragraph (a) of subdivision 1 of section  424-a  of  the  social
services  law, as amended by chapter 634 of the laws of 1988, is amended
to read as follows:
  (a) A licensing agency shall inquire of  the  [department]  OFFICE  OF
CHILDREN AND FAMILY SERVICES and the [department] OFFICE OF CHILDREN AND
FAMILY  SERVICES  shall,  subject  to the provisions of paragraph (e) of
this subdivision, inform such agency and  the  subject  of  the  inquiry
whether an applicant for a certificate, license or permit, assistants to
group  family  day care providers, the director of a camp subject to the
provisions of article thirteen-A[,] OR thirteen-B [or thirteen-C] of the
public health law, and any person over the age of eighteen  who  resides
in  the home of a person who has applied to become an adoptive parent or
a foster parent or to operate a family day care home, NURSERY SCHOOL  or
group  family  day  care home has been or is currently the subject of an
indicated child abuse and maltreatment report on file with the statewide
central register of child abuse and maltreatment.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that any rules  or  regu-
lations  necessary to implement the provisions of this act on its effec-
tive date shall be promulgated on or before such date.